Briefing for non-ccaa Examiners

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1 Briefing for non-ccaa Examiners TLD-GM-003 Rev.No. 0 / Rev.Date

2 European Regulation (EU) No.1178/2011 as amended by European Regulation (EU) No.290/2012, is applicable in Republic of Croatia from July 1 st European Regulation (EU) No.1178/2011, Annex I Part-FCL,Part FCL.1015(c), requires all non-ccaa Examiners who wish to conduct Skill Test, Proficiency Check or Assessments of Competence (further reading: Test ) with Croatian licence holders, to receive a Briefing from Croatian Civil Aviation Agency (further reading: CCAA) and provide evidence of their privileges as examiners. Contents I. General Requirements and scope Method of briefing... 3 II. CCAA Administrative Procedures Conduct of Proficiency Check and Assessment of Competence for revalidation or renewal Conduct of Skill Test Content of the Notification to Croatian Civil Aviation Agency Endorsement in the licence and pilot s logbook Flight Test Forms Delivery of Flight Test Forms... 5 III.The requirements for the Protection of Personal Data Examiners Data Candidates Data... 6 IV. Liability Limitation of privileges in case of vested interests Examiner Liability... 7 V. Accident Insurance... 7 VI. Fees... 8 VII. Additional Information... 8 Contact data... 8 TLD-GM-003 Rev.No. 0 / Rev.Date Page 1 of 8

3 I. General 1 Requirements and scope The requirement to receive a briefing from the CCAA is set out in European Regulation (EU) No.1178/2011, Annex I Part-FCL, Subpart K Examiners, in reference FCL.1015 (c) and will apply to all categories of Examiners who don t hold examiners certificate issued by CCAA (further reading: non-ccaa Examiners), and who wish to conduct a Test with the holder of an Croatian licence. Presumption for conduction of this briefing is that Examiner Certificates issued by Member States are issued in compliance with Article 1 and Article 7 of European Regulation (EU) No.216/2008 and that continued oversight of such examiners is conducted competent authorities that issued the certificates, in accordance with Annex VI and Annex VII of European Regulation (EU) No.290/2012, and that such examiners are qualified in accordance with Subpart K of Annex I of European Regulation (EU) No.1178/2011. This briefing does not replace any of the examiner training or standardization required by the regulations above, and may not be used for any additional certification or qualification. Non-CCAA Examiners are responsible for ensuring that they are legally entitled to work in Croatia and that they comply with all applicable regulation when they are employed in the teritory of Croatia. Receipt of a briefing from the CCAA does not confer any additional privileges outside the scope of the Examiner Certificate held. CCAA has determined that there are two distinct cases for tests conducted by non-ccaa examiners on holders of a Croatian licence. They are: a) Tests conducted by non-ccaa Examiners on Croatian licence holders in Croatia, and b) Tests conducted by non-ccaa Examiners on Croatian licence holders outside Croatia. The main difference in these two cases is that all the Croatian national administrative procedures which apply to tests conducted in Croatia may not necessarily apply outside of Croatia; however the national administrative procedures of the Member State where the test is conducted may apply. All examiners must ensure that they are familiar with the national administrative procedures applicable in the Member State where the test is conducted. Non-CCAA examiners conducting tests in Croatia on Croatian licence holders in Croatia will be subject to the same oversight programme to monitor their conduct and performance as CCAA certified examiners are. In accordans with ARA.GEN.355, if CCAA find evidence showing a non-compliance with the applicable requirements by a Non-CCAA examiner of another Member State, it will inform her/his competent authority particularly in the following circumstances: (1) Obtaining the pilot licence, rating or certificate by falsification of submitted documentary evidence; (2) Falsification of the logbook and licence or certificate records; TLD-GM-003 Rev.No. 0 / Rev.Date Page 2 of 8

4 (3) The licence holder no longer complies with the applicable requirements of Part-FCL; (4) Exercising the privileges of a licence, rating or certificate when adversely affected by alcohol or drugs; (5) Non-compliance with the applicable operational requirements; (6) Evidence of malpractice or fraudulent use of the certificate; or (7) Unacceptable performance in any phase of the flight examiner s duties or responsibilities. CCAA will publish a List of all non-ccaa examiners who have received the examiner briefing in accordance with FCL.1015 (further reading: List). 2 Method of briefing The briefing requires the Examiner to go through this document and is based on Croatian administrative procedures, requirements for protection of personal data, liability, accident insurance and fees, and is followed by a registration form from the Examiner. Examiner must send Registration Form to CCAA for non-ccaa examiners with declaration that he/she has read and understood the CCAA Briefing for Non-CCAA Examiners. Non-CCAA Examiner will receive Letter of acceptance. The briefing will only need to be received once and is valid as long as the certificate of the non-ccaa Examiner is valid. In case of changes in briefing requirements or changes in method are made, CCAA will notify all examiners who have registered their details, exclusively via If the Examiner does not submit the Registration form within 10 days, he/she will be deleted from the List. Examiner may at any time send a request to be deleted from the List. If the Examiner has not performed any test 5 years he/she will be deleted from the List. II. CCAA Administrative Procedures 1 - Conduct of Proficiency Check and Assessment of Competence for revalidation or renewal Non-Croatian examiners may conduct a proficiency check or an assessment of competence for revalidation or renewal once they have done the examiner s briefing and send a notification to the Croatian Civil Aviation Agency. The notification shall be sending to: 72 hours before the scheduled proficiency check, skill test or assessment of competences. CCAA reserves the right to refuse conducting the test by that Examiner. 2 - Conduct of Skill Test Non-CCAA examiners may conduct a skill test or an assessment of competence for initial issue once they have received examiner s briefing and when they have, prior each test, send a Notification to CCAA. The notification shall be send at least 5 working days prior to the Skill Test. CCAA reserves the right to refuse conducting the test by that Examiner. TLD-GM-003 Rev.No. 0 / Rev.Date Page 3 of 8

5 A non-ccaa examiner shall not conduct a Skill Test until they upon notification have received an from Croatian Civil Aviation Agency confirming that they have been designated as the examiner for the skill test for that particular candidate. 3 - Content of the Notification to Croatian Civil Aviation Agency In order to meet the legal requirement of FCL.1015 (c) non-ccaa examiner shall notify the CCAA of their intention to conduct a test and the scope of their privileges. The notification shall be send to with the following information: 3.1 Examiner information: Examiner s full name, Scope of examiner s privileges, and A copy of Examiners certificate (if not included in licence), Examiner licence and Medical certificate. 3.2 Candidate information: Candidate s full name, Candidate s Date of birth, and Candidate s licence number, 3.3 Test information: Type of test (proficiency check - PC, skill test - ST or an assessment of competence - AC) Test Location, Aircraft type, Aircraft Registration (if applicable), FSTD Qualification No (if applicable), and Intended Date of test. 4 - Endorsement in the licence and pilot s logbook The Examiner is not allowed to enter any data in the Croatian pilot s licence. Examiner makes entry in the pilot s logbook, and completes all of relevant Flight test form. Entries in the pilot s logbook are made in accordance with following instruction: In the Remarks section - enter the type of test that is performed, such as PC / ST / AC, role of the examiner (TRE, FE...), and signature and number (stamp if applicable) of Examiner. 5 - Flight Test Forms The Examiner shall use Croatian Flight Test Forms, as specified in the following table: Test Airplane Helicopter Skill test / Proficiency check MP type rating TLD-FRM-256 TLD-FRM-257 Skill test / Proficiency check SP type rating TLD-FRM-256 TLD-FRM-257 Skill test / Proficiency check SPHPCA type rating TLD-FRM-256 n/a Skill test / Proficiency check class rating TLD-FRM-259 n/a TLD-GM-003 Rev.No. 0 / Rev.Date Page 4 of 8

6 Skill test PPL TLD-FRM-264 TLD-FRM-265 Skill test IR TLD-FRM-273 TLD-FRM-274 Skill test CPL TLD-FRM-261 TLD-FRM-262 Skill test MPL TLD-FRM-256 n/a Skill test ATPL TLD-FRM-256 TLD-FRM-257 Assessment of competence Instructors TLD-FRM-279 TLD-FRM-279 Along with every skill test/proficiency check/ assessment of competence form, examiners must complete applicable following application and report forms, and attach them along with applicable skill test/proficiency check/ assessment of competence form. Application and report form for ATPL, MPL, type rating, class rating skill test and proficiency check TLD-FRM-276 TLD-FRM-276 Application and report form for LAPL, BPL, SPL, PPL, CPL, IR skill test and proficiency check TLD-FRM-277 TLD-FRM-277 The forms are available at: (go to home page and select Obrasci on the left side). Each individual test item that is checked (line) Examiner must mark with initials. If a particular item / section is not applicable in the relevant test is necessary to enter NOT APPLICABLE - abbreviated N/A. If item / section has not been checked is required to enter Not Checked - abbreviated N/C (in the case that offered a number of possible exercises). 6 Delivery of Flight Test Forms After completion of the test, the examiner shall inform the applicant of the result of the test. In the event of a partial pass or fail, the examiner shall inform the applicant that he/she shall not exercise the privileges of the rating until a full pass has been obtained. The examiner shall detail any further training requirement and explain the applicant s right of appeal. Examiner will provide the applicant a signed report of the skill test or proficiency check and submit without delay copies of the report to the CCAA and to the competent authority that issued the examiner certificate. The report shall include a declaration that the examiner has received information from the applicant regarding his/her experience and instruction, and found that experience and instruction complying with the applicable requirements; confirmation that all the required maneuvers and exercises have been completed, as well as information on the verbal theoretical knowledge examination, when applicable (if an item has been failed, the examiner shall record the reasons for failure); and the result of the test, check or assessment of competence. The report shall be sending to the CCAA, original through pilot-croatian licence holder personally, and scanned to an The CCAA can receive s and attached files in the following formats:.jpeg,.pdf,.doc and.docx. TLD-GM-003 Rev.No. 0 / Rev.Date Page 5 of 8

7 Examiners shall maintain records for 5 years with details of all tests performed and their results. Upon request by the competent authority responsible for the examiner certificate, or the CCAA, examiners shall submit all records and reports, and any other information, as required for oversight activities. III.The requirements for the Protection of Personal Data 1 Examiners Data Examiners personal details are protected by the Croatian Data Protection Act as well as the laws concerning data protection of the Member State that issued an Examiner s Certificate. An Examiner has the right to data protection when his/her details are held on a computer, on paper or other manual form as part of a filing system, and made up of photographs or video recordings of the person s image or recordings of the person s voice. Accordingly, taking into account the provisions of ARA.FCL.205, Examiner will allow to CCAA to publish his/her name, role, scope and contact details in the List. 2 Candidates Data Examiners acknowledge and accept that a test candidate s personal details are protected by the Croatian Data Protection Act as well as the laws concerning data protection of the Member State where the test takes place or the laws applicable if the test is conducted outside a Member State. In general, the Examiner must not communicate any of the candidate's personal details to unauthorized persons. A person has the right to data protection when his/her details are held on a computer, on paper or other manual form as part of a filing system, and made up of photographs or video recordings of the person s image or recordings of the person s voice. Data protection rights will help to make sure that the information stored about a person is factually correct, only available to those who should have it and only used for stated purposes. The flight test form and any other personal information shall only be forwarded to CCAA, and may be forwarded to your Authority as required and to the pilot s company/ato with the written consent of the pilot. No information shall be passed to others. IV. Liability 1 Limitation of privileges in case of vested interests Examiners shall not conduct: (a) Skill tests or assessments of competence of applicants for the issue of a licence, rating or certificate: (1) To whom they have provided flight instruction for the licence, rating or certificate for which the skill test or assessment of competence is being taken; or (2) When they have been responsible for the recommendation for the skill test, (b) Skill tests, proficiency checks or assessments of competence whenever they feel that their objectivity may be affected. TLD-GM-003 Rev.No. 0 / Rev.Date Page 6 of 8

8 Examiner should consider if his/her objectivity is affected in situations when the applicant is a relative or a friend of the examiner, or when they are linked by economic or political affiliations, etc. When conducting tests examiners shall ensure that communication with the applicant can be established without language barriers, verify that the applicant complies with all the qualification, training and experience requirements in Part-FCL for the issue, revalidation or renewal of the licence, rating or certificate for which the skill test, proficiency check or assessment of competence is taken, and make the applicant aware of the consequences of providing incomplete, inaccurate or false information related to their training and flight experience. 2 Examiner Liability Examiners draw their privilege to assess the skill of pilots directly from the Community when they comply with the related requirements. This is attested by a Certificate, which authorizes the Examiner to conduct Tests. Therefore, when conducting a Test, Examiners exercising the privileges that are given to them by the certificate they hold. Non-CCAA Examiners conducting tests for Croatian licence holders must be aware that they draw the privilege to conduct a test from their Examiner Certificate and are therefore not directly authorized by the CCAA or their respective NAA. This means that a Certified Examiner may carry the same legal, professional and jurisdictional liabilities as any other professional person. Examiners are advised to seek independent qualified advice about their personal and professional liability when conducting tests in aircraft or simulators and if deemed necessary, to purchase personal and/or professional liability insurance as appropriate. This type of insurance should not be confused with Aircraft Accident Insurance. V. Accident Insurance Regulation (EC) No 785/2004 on insurance requirements for air carriers and aircraft operators and its ammendments sets out mandatory liability limits in respect of passengers, cargo, baggage and third parties and will affect all aircraft carriers and operators, both commercial and private, operating flights within, into, out of, or over the territory of an EU Member State. When conducting a test in an aircraft, the Examiner is normally designated as the Pilot in Command (PIC). In this case, the Examiner himself must ensure that the aircraft is covered by the minimum insurance required by EU regulations for aircraft insurance or in the case of a Third Country the minimum legal insurance required in that jurisdiction. Examiners must also be aware that the minimum insurance requirements for aircraft under EU law do not stipulate mandatory cover for the First Party (i.e. the PIC). Therefore, although an aircraft may meet the minimum insurance required by EU regulations, the insurance may not cover any risk of accident to the Examiner personally. All Examiners are advised to seek independent qualified advice about their personal accident insurance needs. Examiners must also be aware that many insurance policies carry a significant Excess for which the Examiner may be personally liable (not the National Aviation Authorities (NAAs), Approved Training Organisations (ATOs) or Test Candidate) in the event of any damage occurring during the conduct of a test. TLD-GM-003 Rev.No. 0 / Rev.Date Page 7 of 8

9 Where a test is conducted in a simulator, the Examiner must be familiar with the insurance and liability requirements of the State in which the test is taking place and the organization which operates the simulator. VI. Fees Unless otherwise prescribed, fees for all tests shall be levied on examiner and payment responsibility will be on the candidate. VII. Additional Information Contact data Croatian Civil Aviation Agency Ulica grada Vukovara 284, Zagreb 10000, Republic of Croatia Any queries from examiners on this briefing, Registration as non-ccaa Examiner; Notification of Test/Check and delivery of Flight Test Forms or by any other matter, should be referred by to: TLD-GM-003 Rev.No. 0 / Rev.Date Page 8 of 8

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